COMMUNICATION 6
Bogota, 10th June 2003
1. / VIII IBERIAN-LATIN AMERICAN CILA – AIDA INSURANCE LAW CONGRESS, RIO DE JANEIRO2. / PRESIDENTIAL COUNCIL MEETING, RIO DE JANEIRO
3. / INSTITUTIONAL WORK PLAN FOR THE INTERNATIONAL ASSOCIATION
4. / NEW DESIGNATIONS (JOINT GENERAL SECRETARIAT)
5. / DEFINITION OF THE CENTRAL THEMES FOR THE XII WORLD INSURANCE LAW CONGRESS, ARGENTINA 2006
6. / NEXT PRESIDENTIAL COUNCIL AND WORKING PARTIES MEETINGS
Respected Presidents of AIDA’s National Sections:
1. VIII IBERIAN-LATIN AMERICAN CILA – AIDA INSURANCE LAW CONGRESS, RIO DE JANEIRO
According to what was previously announced, the VIII IBERIAN-LATIN AMERICAN CILA – AIDA INSURANCE LAW CONGRESS took place in Rio de Janeiro, during 30th April and 2nd May. More that 260 people from different nationalities of many continents actively participated in this events. Delegates from 32 nations assisted, which contributed to the Congress’ success.
The six main subjects were the following: 1- Insurance, Reinsurance and Terrorism (Colombia); 2- Pension Funds in the XXI Century (Spain); 3- Insurance Fraud (Brazil); 4- Legal Problems Regarding Work-Related Accidents. Models and Experiences (Argentina); 5- New Ways for Life Insurance Expansion, and 6- Mediation and Arbitration in Insurance and Reinsurance (Chile).
It is important to highlight that there were also presentations and communications by different CILA - AIDA National Sections, which were handed out later (598 pages). Those who are interested in obtaining a copy of the conferences, may directly request it to the Congress organizers or the Presidency. They will be sent by e-mail.
AIDA’s Presidential Council meeting also took place, as well as CILA’s General Assembly. Important decisions related to AIDA’s Work Plan (2002-2004) were adopted in both scenarios, as will mentioned in point 3 of this communications.
AIDA’s Working Parties also met, with delegates from different nations, thanks to simultaneous translation provided by the organizers.
On closing day (2nd May) CILA medals were given to Dr. Mikael Rosenmejer, Honorary AIDA President; to Prof. Fernando Sánchez Calero, Honorary CILA President, and to Prof. Ricardo Bechara Santos, renowned member of the AIDA Brazilian Section, and it was announce that the IX CILA – AIDA Insurance Law Congress would take place in Cancun (Mexico) on 2005’s second semester.
The AIDA and CILA Presidents jointly congratulated the Brazilian Section President, Dr Luis Felipe Pellón, and all its distinguished members for such a successful Congress, which was characterized by its highly scientific level and great organization.
2. PRESIDENTIAL COUNCIL MEETING, RIO DE JANEIRO
Such as it was scheduled, the Presidential Council met on 30th April at the Sofitel Hotel. An important number of Councilors and Working Parties’ Chairmen assisted this meeting. The Brazilian Section President was invited as a special guest.
Seventeen points were included in the agenda, which was previously submitted to the approval of the Councilors. From these points, we must highlight the distinction to honor Prof. Reimer Schmidt and Dr. Brando Battistig, who recently passed away; the presentation and discussion or the proposed AIDA Work Plan; the XII World Insurance Law Congress (Argentina, 2006); the examination of the current situation and perspectives of the Working Parties; the analysis of the Association’s financial situation; AIDA’s webite and AIDA-MAIL; and the definition of the next meeting’s venue.
3. INSTITUTIONAL WORK PLAN FOR THE INTERNATIONAL ASSOCIATION
Pursuant to numeral three, article seven of AIDA’s Statutes, the Presidency submitted a global proposed Work Plan for the next years (2006) before the Presidential Council, in order to count with a plan that can help reach its goals.
Said Work Plan was approved by the Presidential Council.
In this way, AIDA’s Sections will have the opportunity to actively contribute with its execution. We believe the National Chapter will play a leading role in its development; this is fundamental for its success. Therefore, it must be widely diffused among the members of each National Association
Consequently, bearing in mind the Work Plan’s institutional significance, all AIDA Directors welcome all support for its execution, and hope that during the next years much cooperation will be granted for its systematic development.
The Plan’s complete text will shortly be included on AIDA’s website. It will also be individually sent by e-mail. In the meantime, we will quote its introduction and central points.
" In accordance with numeral three of Article 7 of 'Association Internationale de Droit des Assurances', AIDA’s statutes, I respectfully submit the following global work plan before the honorable Presidential Council. This document has been enriched with the suggestions of several directors and members of the international community, for which I am grateful.
For its significance, I should like to mention that the present institutional program is meant to be developed in the next years (up to 2006) with the valuable help of the Presidential Council; the Chairmen of the Working Parties; the General Secretariat; and, in general, by all AIDA members. It implies continuos international and collective work.
Therefore, the projects are not meant to be simultaneously executed, but rather periodically developed according to the circumstances and priorities. Some may be concluded immediately, whereas others will require months, or even years, such as the celebration of AIDA’s 45th Anniversary (2005) and the Book to tribute Prof. DONATI, just to mention two examples.
On the other hand, it is important to bear in mind that if the Council approves this plan, it will be necessary to draft a global activities agenda and designate coordinators and collaborators, who will contribute towards the development and follow-up of the projects.
Notwithstanding future complementary analysis, the proposed projects are the following:
1) SUPPORT AND STRENGTHENING OF THE WORKING PARTIES; 2) CREATION OF AIDA’S SCIENTIFIC RESEARCH PRIZE; 3) A BOOK TRIBUTING PROF. ANTIGONO DONATI ('LIBER AMICORUM') : INSURANCE LAW IN THE NEW MILLENNIUM; 4) CREATION OF AIDA’S ELECTRONIC LIBRARY: ‘WORLD INSURANCE LIBRARY’; 5) RENEWAL OF THE AIDA MAGAZINE: ELECTRONICALLY AND CONVENTIONAL FORMAT; 6) PUBLICATION OF INTERNATIONAL INSURANCE LEGISLATION; 7) PUBLICATION OF INTERNATIONAL INSURANCE JURISPRUDENCE; 8) INCREASING AIDA-MAIL’S CONTENT: BIBLIOGRAPHIC AND JURISPRUDENCE SECTIONS. AIDA-FLASH; 9) INCREASING THE SERVICES OFFERED BY AIDA’S WEBSITE; 10) PROMOTION AND PUBLISHING OF SPECIALIZED MONOGRAPHIC WORKS; 11) ACADEMIC COOPERATION AGREEMENTS: ESTABLISHING AN INTERNATIONAL SUPPORT NETWORK; 12) GETTING CLOSER TOGETHER WITH THE JUDICIARY AND GOVERNMENT AGENCIES IN CHARGE OF CONTROL AND SURVEILLANCE OF THE INSURANCE MARKET; 13) CREATION OF OTHER REGIONAL AIDA COMMITTEES; 14) FINANCIAL STRENGTHENING: DESIGNATION OF A FINANCIAL COMMITTEE; 15) PROGRAMATIC AND INSTITUTIONAL ASSISTANCE TO THE NATIONAL SECTIONS; 16) CELEBRATION OF THE ASSOCIATION’S 45TH ANNIVERSARY."
4. NEW DESIGNATIONS (JOINT GENERAL SECRETARIAT)
Given Dr. Brando Battistig’s passing away, who had been AIDA’s Joint Secretary General for many years, the Presidential Council considered it was convenient that the Italian Section continue to occupy this important position. To this end, the Italian Section President, Prof. Agostino Gambino, stated that the Secretariat would provisionally be handled by a group of this Chapter’s distinguished members, who, among others, are Prof. Lourdes Fernández del Moral, Private Law Professor at the 'Parthenope' University at Napoli, and Prof. Carlo Giampaolino, Mercantile Law Professor at the Tor Vergata University in Rome.
The team would also be integrated by Drs. Angela Solimando and Laura Cavarretta, who have academic responsibilities at the Rome and 'La Sapienza' Universities, respectively.
Prof. Fernández will deal with the relationship with the Presidential Council, and Prof. Giampaolino with AIDA’s General Secretariat. Drs. Solimando y Cavarretta, will be in charge of the Yearbook’s and Mediterranean E-Bulletins’ technical coordination.
5. DEFINITION OF THE CENTRAL THEMES FOR THE XII WORLD INSURANCE LAW CONGRESS, ARGENTINA 2006
The Presidency submitted a document with 24 proposed themes to the Council to, if it found it pertinent, select one of them for the XII World Insurance Congress (Buenos Aires, 2006).
After some deliberation, the Council decided to take this decision on its next meeting in Brussels (4th December 2003). It is very important to know the opinion of the National Section’s Presidents on this matter, so we can promptly transmit it to the Council, who has to define the second central theme for the XII World Congress. To this end, it is important to bear in mind the information that was previously sent, which we are reproducing:
"According to what was agreed on the last Presidential Council meeting in NYC, the following is a list containing some subjects that can serve as reference for the Council to freely define the second central theme for the next World Insurance Law Congress (Buenos Aires, 2006).
It must be pointed out that the Directors Committee, following AIDA’S tradition, set out one of the two subjects, which could be designated as: "LA INFLUENCIA DE LOS AVANCES CIENTIFICOS Y TECNOLOGICOS EN EL SEGURO DE PERSONAS" (THE INFLUENCE OF SCIENTIFIC AND TECHNOLOGICAL ADVANCEMENTS ON PERSON’S INSURANCE).
We should like to iterate that this is only a draft list, drawn by the Presidency; the General Secretariat; and some individual members of the Council, who have separately accepted the invitation regarding this issue.
Finally, it must be stated that the following themes are randomly classified, and thus none has a better or preferential position:
1. Abusive Clauses in Insurance and Reinsurance
2. Ombudsman
3. Examination of the effectiveness of 'Claims Made' Clauses (or Temporary Limitation of Insurance Coverage: Claims Made Clauses)
4. Insurance of New Civil Liability Risks
5. Insurance of Professional Civil Liability in the XXI Century (doctors, lawyers, architects, bankers, notaries, etc)
6. Consumer –or Insured- Protection in the XXI Century and its Main Mechanisms
7. Terrorism and Insurance
8. Direct Action in Insurance and Reinsurance: Current Tendencies
9. D&O Insurance
10. Insurance and Reinsurance Contract Interpretation Rules: Contemporary Tendencies
11. Aggravation of the Risk and its Incidence on Insurance and Reinsurance
12. Information Duties of the Parties in Insurance and Reinsurance
13. Maritime Insurance
14. General Statute of Limitations (Prescription) Rules on Insurance and Reinsurance
15. Nature and General Rules of Coinsurance
16. Legal Nature of the Reinsurance Contract
17. Description and Examination of Some Clauses that Arise Tension Between Insurers and Reinsures (Claims Control Clause; Payment of Losses; Cooperation, etc.)
18. Annulment and Ineffectiveness of the Insurance Contract -in general-
19. Human Rights and Insurance
20. Contracts through the Internet
21. Insurance of Losses Arising Out Of Genetically Engineered Food Products
22. Integration Procedures and Insurance
23. Arbitration in Insurance and Reinsurance
24. The Impact of Globalization on Insurance."
6. NEXT PRESIDENTIAL COUNCIL AND WORKING PARTIES MEETINGS
The Presidential Council determined that its next meeting will take place on December, specifically on Thursday 4, in Brussels, thanks to the kind invitation made by the Belgian Section through Prof. Marcel Fontaine, a very distinguished Councilor.
On this occasion, such as it was confirmed by some Chairmen, different Working Parties will also meet, and then there will be a trip to the Catholic University of Lovaina, in order to undertake an academic cooperation agreement with this prestigious scholar center, renowned for its postgraduate programs on Insurance Law.
We hope to send more information on a future occasions. In the meantime, we send you a kind greeting and shorlty we will send the Work Plan’s text and the firs AIDA-FLASH issue.
Kind regards,
CARLOS IGNACIO JARAMILLO J.
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